April 29, 2025

Your Essential Guide to 2025's Legal Battles Over Trump's Executive Actions

Stay informed with our comprehensive tracker that meticulously documents legal challenges to the current administration’s executive orders. This resource is updated at least weekly to ensure you have the most current information at your fingertips. Whether you're analyzing trends or preparing for cases, this tracker is an invaluable tool for staying ahead in the ever-evolving legal landscape. Read now »...

April 29, 2025

Market Trends 2024/25: Disclosure on Political Contributions

Companies tend to disclose their political contributions in the Management Discussion & Analysis (MD&A) section, Business section, and Risk Factors section of their periodic reports. Although there is no explicit regulatory requirement to make such disclosures, shareholder pressure commonly influences public companies to do so. Read this practice note for examples of recent disclosures and tips for making disclosures...

April 29, 2025

Crafting Success: Essential Tips for Drafting Outsourcing Master Services Agreements

Explore the critical aspects of crafting an outsourcing master services agreement. Understand how to effectively structure agreements, handle deviations, and manage key elements such as service levels, compliance, and intellectual property to foster successful outsourcing relationships. Read now » Related Content Outsourcing Considerations and Planning Discover the decision-making process behind outsourcing...

April 29, 2025

Navigating Vendor Privacy Risks: Essential Strategies for Compliance with U.S. State Laws

Check out the legal requirements and best practices for mitigating third party / vendor risks to consumers' privacy or security by ensuring that vendor contracts involving personal data processing comply with U.S. state privacy laws. Read now » Related Content Third-Party Vendor Data Privacy Risk Management Checklist Learn best practices for ensuring that vendor contracts comply with the U.S. state comprehensive...

April 29, 2025

Be Careful with That! Cybersecurity Precautions in Administering Employee Benefit Plans

In late February, six class actions were filed against The Pension Specialists Ltd (Pension Specialists) in an Illinois district court over a data breach of personal and sensitive information retained by Pension Specialists on behalf of plan participants and the retirement plan sponsors who retained Pension Specialists as their third-party plan recordkeeper. In addition to ERISA claims, plaintiffs pursued various federal...

April 29, 2025

Unlike When you Were a Kid, Batteries are Increasingly Included

The fact is that renewable energy is viewed as an intermittent source of power because the sun is not always shining, and the wind is not always blowing. However, what happens when you add battery backup to the renewable energy mix? That is what some states are now requiring for all new commercial buildings. Review our “Construction Issues in Energy Storage” practice note to help your clients understand the...

April 29, 2025

Credit Crunch: Navigating the Path to Acquisition Approval

Review this practice note providing a step-by-step guide for determining if a borrower or other loan party may make an acquisition under an existing credit agreement—whether it involves acquiring equity interests, a new subsidiary, a business unit, or a hard asset. The practice note explains how to conduct the analysis, highlighting the documents to review and the provisions to focus on. Don’t miss out on...

April 29, 2025

Privacy Requirements for Financial Institutions

Since January 1, 2025, there have been significant developments related to federal privacy laws and regulations affecting financial institutions, particularly concerning the Gramm-Leach-Bliley Act (GLBA) and the Right to Financial Privacy Act (RFPA).​ Recent breach reports, including the widely reported February OCC breach , underscore vulnerabilities in data security, prompting increased scrutiny of compliance measures...

April 29, 2025

Compliance Cure: The Ultimate Checklist for Providers

Check out this checklist from Practical Guidance – Healthcare to guide you through key legal and business considerations that healthcare providers, including group practices, hospitals, and healthcare systems, need to keep in mind when building a compliance program. Read now » Related Content Compliance Plan Creation Open up this practice note to find actionable steps companies can take to develop...

April 29, 2025

To Indemnify or Not to Indemnify—That is the Statute: Anti-Indemnity Statute State Law Survey

Do a deep dive into laws across the 50 states and the District of Columbia to find out whether a jurisdiction has adopted anti-indemnity legislation and discover the scope of each statute. Includes a map visualizing whether each state has an anti-indemnity statute prohibiting owners or contractors from being indemnified against claims and losses resulting from their own negligent acts. Read now » Related Content...

April 29, 2025

Crowned Compensation: Determining Royalty Damages in Patent Litigation

Gain unparalleled insights into calculating reasonable royalties with our latest practice note—a must-read for any attorney handling patent litigation damages. This concise, practical guide explores the application of the Georgia-Pacific factors, effective apportionment, and key comparability analyses to help you build a robust damages strategy. Discover actionable methods for aligning technical expertise with economic...

April 29, 2025

Tip of the Morning to You: Read Our New FLSA Checklist on Tipped Employees

Do you need guidance on tipped employee requirements under the Fair Labor Standards Act (FLSA)? Read our newly published checklist, Tipped Employees Checklist (FLSA) , for helpful information. Read now » Related Content ​ Tipped Employees: Best Payment Practices and Notice Requirements Learn about tip credit, tip pools, tip credit notice requirements, and tips paid on credit cards under the FLSA. Tip Credit...

April 29, 2025

Institutional Review Boards

This practice note discusses Institutional Review Boards (IRBs) within the United States, including their purpose, history, and regulatory framework. The note is a valuable resource for advising life sciences and healthcare clients on IRB-related matters and ensuring compliance with federal regulations and ethical standards. Read now » Related Content Institutional Review Board (IRB) Formation, Organization...

April 29, 2025

Safeguarding Success: A Guide to M&A Confidentiality Agreements

When engaging in M&A discussions, parties should prioritize rigorous confidentiality measures to protect sensitive business information. Our new confidentiality agreement playbook offers valuable insights into managing proprietary information risks while facilitating necessary due diligence in high-stakes M&A transactions. Explore how these strategic protections can help you maintain control over sensitive business...

April 29, 2025

Benchmarking Programs for Increasing Energy Efficiency

Many states are implementing energy benchmarking programs to track and identify energy use in buildings. These programs aim to encourage energy efficiency and reduce greenhouse gas emissions. Check out this energy use reporting and disclosure clause for California commercial purchase transactions. Read now » Related Content Environmental Considerations in Real Estate Transactions Resource Kit Access this...

April 29, 2025

Harvard's Tax-Exempt Tango: When Academia Meets the IRS Two-Step

Harvard University’s tax-exempt status has been questioned by the Trump Administration—with Harvard responding that there is no legal basis for a revocation. The Administration’s action impacting Harvard flows from its letter on policy changes at the university and a post on President Trump’s Truth Social platform. In Executive Order 14235 , issued on March 7, Trump directs the Secretary of Education...

April 22, 2025

Subchapter V Eligibility Gets a Boost!

It is hard to believe it has been three years since our last inflation adjustment pursuant to Section 104 of the Bankruptcy Code. The adjustments to the Subchapter V eligibility limits were increased from $3,024,725 to $3,424,000. With more companies now eligible for Subchapter V, make sure to check out our tracker to stay up to date on Subchapter V legal developments. Don’t forget to set an alert, so you are notified...

April 22, 2025

Explore Expert Insights for Your Next Legal Career Move

Considering a change? Our industry experts offer valuable insights on what to weigh when contemplating a lateral move. Discover how to effectively navigate your ethical responsibilities and gain practical tips tailored for associates, counsel, and partners. Don't miss out on this essential guide—explore the practice note at the link below! Read now » Related Content Professional Development: Life...

April 22, 2025

SEC Drops Defense of Biden-Era Climate Disclosure Rules

On March 27, the Securities and Exchange Commission said it would no longer defend regulations that it had originally adopted in March 2024, requiring some of the world's largest corporations to publicly disclose the effects climate change could have on their businesses. Read this article for more details on the SEC’s stance toward these climate disclosure rules. Read now » Related Content SEC...

April 22, 2025

Arbitration of Construction Disputes Under AAA Rules

Construction disputes are commonly arbitrated because of the many advantages arbitration provides. The American Arbitration Association (AAA) is the most used forum for the arbitration of construction disputes. Use this checklist to quickly get up to speed on the process for an AAA construction arbitration. Read now » Related Content Arbitration of Construction Disputes under the Rules of American Arbitration...

April 22, 2025

May the Force (Majeure Clause) Be with You!

Explore this guidance for invoking a force majeure clause in a commercial contract. This checklist addresses how to assess whether the event qualifies as a force majeure event, satisfying notice and mitigation requirements, and alternative remedies that may be available. Read now » Related Content Risk Allocation in Commercial Contracts Review effective risk allocation mechanisms in commercial contracts...

April 22, 2025

Navigating Data Broker Laws: A Comparative Guide to Key State Laws

This chart provides a comprehensive comparison of the data broker laws in California, Oregon, Texas, and Vermont. It outlines key provisions, including entities and data covered, registration fees, registration disclosure requirements, data security obligations, and enforcement penalties. Additionally, the document highlights and explains the key differences across the states' statutory frameworks, offering detailed...

April 22, 2025

Going Somewhere? Navigating Employee Relocation Programs and Their Tax Ramifications

Employers often relocate employees to meet their business needs, respond to trends, and remain competitive. Many employers have corporate mobility programs and policies that allow them to identify top talent, place them strategically throughout the organization, and offer relocation incentives. To protect their sizeable investment, employers often require employees to sign relocation agreements in which the employee agrees...

April 22, 2025

Achieve Clarity and Compliance: Expert Tips on Loan Agreement Schedules

Early on in a loan transaction, the parties should discuss and agree on the expected content of the schedules to the credit agreement. This practice note describes how to prepare, review, and update the schedules appended to a credit agreement, focusing on the disclosure schedules, in which the borrower provides information about its assets or organizational structure or certain exceptions to ensure the accuracy of its...

April 22, 2025

FinCEN Exempts U.S. Business From Disclosure Rules

The Corporate Transparency Act (CTA) was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. It requires certain entities to report beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). Since its enactment, the reporting requirements have been subject to significant debate. Recently, FinCEN issued interim final rules exempting certain...